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2019 (9) TMI 391 - HC - Indian LawsDishonor of Cheque - insufficient funds - section 138 of NI Act - acquittal of accused in respect of charges framed - Statutory presumption in favor of holder - HELD THAT:- Cheque embodied in Ext. CW1/B,upon its presentation before the Bank concerned, hence for want of sufficient funds, thereat occurring, in, the accounts, of, the respondent, stood declined, to be honoured. The memos, issued by the Bank concerned, making, the requisite echoing(s), vis-à-vis, Ext. CW1/B, upon its presentation therebefore, it being declined to be honoured, for, wants thereat, of, sufficient funds, being borne, in the accounts, of, the respondent/accused, are respectively borne in Ext. CW1/C, and, in Ext.CW1/D. This Court holds, that the learned trial Court, has not appraised, the entire evidence, on record in a wholesome, and, harmonious manner apart therefrom, the analysis of the material, on record by the learned appellate Court, suffers, from a gross perversity or absurdity of mis-appreciation, and, non-appreciation, of, evidence on record. Appeal allowed - The accused/respondent be produced before this Court, for his being heard on quantum of sentence, on 26.8.2019.
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